The opinion of the court was delivered by: Helen Gillmor United States District Judge
ORDER DISMISSING DEFENDANT'S ALLEGED VIOLATIONS OF SUPERVISED RELEASE
Defendant James H. Bohol was determined by the district court to lack the mental competence to assist in his own defense against alleged violations of his supervised release. As part of the treatment plan to restore the Defendant's competency, the Bureau of Prisons requests the forced medication of the Defendant. The Defendant objects.
Only a few months remain in the potential maximum five year sentence that could be imposed for the violations of the supervised release conditions that were alleged against him in 2007. In consideration of the severity of the Defendant's condition and his continued opposition to treatment, it is unlikely that forced medication of the Defendant will allow the Defendant to be restored to competency within the five year limit. In recognition of this fact, the Government has agreed to dismiss the Defendant's alleged violations of supervised release.
Based on the record before the Court, and the comments of counsel, the petition against Defendant alleging violations of supervised release is DISMISSED.
The Defendant was originally indicted on December 12, 2002, for possession with intent to distribute more than 50 grams of crack cocaine in violation of 21 U.S.C. § 841. A superseding indictment was filed on March 10, 2003, and the Defendant pled guilty on July 31, 2003.
On March 15, 2004, the Defendant was sentenced to 65 months in custody, to be followed by 60 months of supervised release.
Following his release, on November 20, 2007, the Defendant's probation officer filed a petition for corrective action, alleging that the Defendant had violated the terms of his supervised release.
The Defendant was arrested on November 26, 2007, and made his initial appearance on November 28, 2007.
Between November 28, 2007, and late May, 2008, the Defendant changed counsel seven times. On May 28, 2008, the Government made a motion to determine whether the Defendant was mentally competent to proceed on the pending petition to revoke his supervised release.
This Court granted the government's motion on May 29, 2008. On June 4, 2008, the Defendant filed a Notice of Appeal to the Ninth Circuit Court of Appeals, and requested that this Court's order for an examination to determine competency be stayed.
On November 6, 2008, the Ninth Circuit held that the an order to undergo a psychological examination is not an appealable order, and dismissed the Defendant's appeal.
On November 19, 2009, this Court issued an amended order compelling the psychological examination. The Defendant appealed that Order on November 25, 2008. Based on the Ninth Circuit's prior decision, this Court denied the Defendant's motion for stay, and he was turned over to the custody of the Attorney General for a determination of his competency.
On August 28, 2009, the Defendant requested a hearing on the findings in the report prepared by the Bureau of Prison's medical staff based on ...